The Patna High Court granted bail to the petitioner in a criminal case involving possession of a pistol under the Arms Act, requiring a bail bond and two sureties.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38016 of 2018
Arising Out of PS.Case No. -99 Year- 2018 Thana -JAKKANPUR District- PATNA
====================================================== Ganesh Prasad @ Ganesh Prasad Yadav, S/o Late Shiv Prasad Yadav, R/o Prithvipur, Gali No. 1, P.S.- Kankarbagh, District- Patna.
.... .... Petitioner/s
Versus The State of Bihar. .... .... Opposite Party/s Appearance : For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sri Bharat Lal
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Jakkanpur P.S. Case No. 99 of 2018 for offences punishable under Sections 25 (1-b) (a)/26/35 of the Arms Act.
The prosecution case, as lodged by the police personnel, is that on secret information that some criminals have assembled in the Khatal of one Ravindra Yadav @ Painter, the police conducted a raid and found four persons sitting in a suspicious condition. Those four persons were
Patna High Court Cr.Misc. No.38016 of 2018 (2) dt.05-07-2018
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apprehended including the petitioner. On search from the body of the petitioner one country made pistol without any cartridge was recovered. It is alleged that on seeing the police the petitioner and other co-accused must have thrown it away.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that he is in custody since 28.02.2018, charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses. It is further submitted that two of the coaccused apprehended along with the petitioner in which one of the owner of the Khatal have been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 35152 of 2018 vide order dated 19.06.2018.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of
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learned Sub Judge 1, Patna in connection with Jakkanpur P.S. Case No. 99 of 2018.
(Nilu Agrawal, J)
Devendra/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in offences under the Arms Act pending trial.
1 provisions across 1 enactments
Ganesh Prasad @ Ganesh Prasad Yadav
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
